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The Advocates Act, 1961

Chapter I — PRELIMINARY

Section 2Definitions

Read in the full Act
Section 2: Definitions

2. Definitions

[(1)] In this Act, unless the context otherwise requires,—

(a)

"advocate" means an advocate entered in any roll under the provisions of this Act;

(b)

"appointed day", in relation to any provision of this Act, means the day on which that provision comes into force;

* * * * * *

(d)

"Bar Council" means a Bar Council constituted under this Act;

(e)

"Bar Council of India" means the Bar Council constituted under section 4 for the territories to which this Act extends;

* * * * * *

(g)

"High Court", except in sub-section (1) [and sub-section (1A)] of section 34 and in sections 42 and 43, does not include a court of the Judicial Commissioner, and, in relation to a State Bar Council, means,—

(i)

in the case of a Bar Council constituted for a State or for a State and one or more Union territories, the High Court for the State;

(ii)

in the case of the Bar Council constituted for Delhi, [the High Court of Delhi];

(h)

"law graduate" means a person who has obtained a bachelor's degree in law from any University established by law in India;

(i)

"legal practitioner" means an advocate [or vakil] of any High Court, a pleader, mukhtar or revenue agent;

(j)

"prescribed" means prescribed by rules made under this Act;

(k)

"roll" means a roll of advocates prepared and maintained under this Act;

(l)

"State" does not include a Union territory;

(m)

"State Bar Council" means a Bar Council constituted under section 3;

(n)

"State roll" means a roll of advocates prepared and maintained by a State Bar Council under section 17.

[(2) Any reference in this Act to a law which is not in force *** in the Union territory of Goa, Daman and Diu, shall, in relation to *** that territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be.]

Amendment notes (8)
  1. renumbered w.e.f. 31-1-1974 . Section 2 renumbered as sub-section (1) of that section by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
  2. omitted w.e.f. 15-10-1976 . Clause (c) omitted by Act 107 of 1976, s. 2 (w.e.f. 15-10-1976).
  3. omitted w.e.f. 31-1-1974 . Clause (f) omitted by Act 60 of 1973, s. 3 (w.e.f. 31-1-1974).
  4. Ins w.e.f. 31-1-1974 . Ins. by s. 3, ibid. (w.e.f. 31-1-1974).
  5. Subs . Subs. by s. 3, ibid., for "the High Court of Punjab" (w.e.f. 31- 1-1974).
  6. Subs w.e.f. 15-10-1976 . Subs. by Act 107 of 1976, s. 2, for "vakil or attorney" (w.e.f. 15-10-1976).
  7. omitted . The words "in the State of Jammu and Kashmir or" omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
  8. omitted . The words "that State or" omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).